Commercial General Liability Update
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Changes to the insuring agreement

Changes to the trigger of coverage
The insuring agreement for Coverages A and B now includes known loss or damage exclusion of coverage. This limitation of coverage trigger has been applied mainly to contracting risks by use of endorsements.

Due to the inclusion in the insuring agreement, the limitation will now apply to all classifications of insureds. It is commonly known as the Montrose exclusion.

New language
This insurance applies to "bodily injury" and "property damage" only if: Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part.

If such a listed, insured, or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period.

"Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II--Who Is An Insured--or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period.

"Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II--Who Is An Insured--or any "employee" authorized by you to give or receive notice of an "occurrence" or claim:
  • Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer;
  • Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or
  • Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur.

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    Not only are policy forms, clauses, rules and court decisions constantly changing, but forms vary from company to company and state to state. This material is intended as a general guideline and might not apply to a specific situation. The authors, LunchTimeCE, Inc., CEfreedom, and Insurance Skills Center, and any organization for whom this course is administered will have neither liability nor responsibility to any person or entity with respect to any loss or damage alleged to be caused directly or indirectly as a result of information contained in this course.